General Administrative Provisions; Issuance of Annual License; Denials; Appeals

(1) It shall be unlawful for any individual to operate or permit another to operate a Horse Drawn Carriage for public hire unless the person has first obtained a License from the Commissioner. (2) Prior to obtaining a License the applicant shall provide the Department with the following: (a) Completed application as required by the Department; (b) A $25.00 non-refundable application fee; (c) a $100 License fee for one horse and carriage (which includes the $50 carriage inspection fee); (d) a $50 inspection fee for each additional carriage. Additional horses shall be licensed at $50 each; (e) A list of Drivers and proof of their meeting all relevant provisions applicable to them as set forth in 520 CMR 13.04; (f) Proof of insurance valid for the duration of the licensing period. Coverage shall be as follows: The applicant shall furnish proof of general liability insurance in the minimum amount of $1,000,000.00 per occurrence limit with a $2,000,000.00 general aggregate limit written on an occurrence form, a bond or other substantially equivalent proof approved by the Commissioner; (g) A health Certificate signed by the examining veterinarian shall be submitted with application and yearly renewal for License to the Commissioner; (h) A completed criminal offender record information (CORI) Request Form. (3) Applications for renewing existing Licenses shall be made to the Commissioner by st February 1 of each calendar year. A License shall be valid for a period of one year or until the expiration of the insurance certificate, whichever occurs sooner. License Extension - Military Service. If the Licensee is on active duty with the armed forces of the United States, as defined in M.G.L. c. 4, § 7 clause forty-third, the License shall remain valid until the Licensee is released from active duty and for a period of not less than 90 days following that release. For 520 CMR 13.03(7) to apply, the Licensee must be given an Honorable Discharge, a General Discharge, or an Under Other than Honorable Conditions (UOTHC) Discharge as noted on their discharge and separation papers. (4) Only those horses and carriages which appear on the application form and for which the fees have been paid may be used for hire. (5) Denials; Appeals. The Commissioner may refuse to grant or renew a License based upon the following grounds: (a) Submittal of an incomplete application or submittal of an application on a form not authorized by the Department; (b) Failure to submit a completed CORI Request Form and/or a determination by the Commissioner that the applicant's criminal record falls within the Department's list of presumptive disqualifications for licensure; (c) Failure to submit the required fees; (d) The knowing submission of false, invalid, incorrect or fraudulent information; (e) Failure to submit work records pursuant to 520 CMR 13.05(2); (f) If the License was suspended or revoked during the previous licensing period or if the applicant fails to qualify under any provisions of 520 CMR 13.00; (g) If the Commissioner finds that the applicant does not possess the integrity and general fitness to operate Horse Drawn Carriages in a safe manner and in the public interest consistent with 520 CMR 13.01 and M.G.L. c. 22, § 20. In the event that the License shall not be granted or renewed, the Commissioner shall notify the applicant in writing within 30 days, setting forth the reasons for the denial. (6) If the application or renewal is denied, the applicant may within ten business days of receipt of the denial, make written demand upon the Commissioner for a hearing before the Commissioner or his or her designee to determine the reasonableness of the Commissioner's action. The decision from this hearing shall be final. If the denial is affirmed, the applicant shall be ineligible to make new application under the previous or new name for a period of one year. (7) The Commissioner may determine the number of Licenses granted for any particular locality based on road, route, traffic and other Public Safety concerns, subject to prior local approval. (8) No person who has ever been convicted of cruelty to animals shall be granted a License.